A G E N D A

REGULAR MEETING

THURSDAY, MARCH 6, 2003

5:30 P.M.

1. Call to order by President Kleckley.

2. Invocation. (Mr. Danahay)

3. Pledge of Allegiance.

4. Roll Call.

5. Hold a public hearing at 6:00 p.m., as a result of notice provided to the owner of properties described below, in accordance with Article II-Chapter Six of the Code of Ordinances of the Parish of Calcasieu, Louisiana, ordering said owners to show cause as to why the structures on said properties should not be condemned: (see attached)

(5.1) 7100 GUILLOTTE DRIVE, Sulphur area, Lot 5, Pirates Cove Subdivision, Ward 4, Calcasieu Parish, Louisiana (one house) Owner: Renee Rita Burke Frye, 1103 LaFargue, Sulphur, LA 70663, TA# 00181935 (Police Jury District 12);

(5.2) 5571 CARLYSS DRIVE, Carlyss area, Com at Pt 555.6 Ft S of NW Cor of SW SW 27.10.10, TH E 208.7 Ft S 104.3 Ft, W 208.7 Ft, N 104.3 Ft to Pt of Com .50 Acs, etc., Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Fairlee Hebert Daigle, 5563 Carlyss Drive, Sulphur, LA 70665, TA# 01346485 (Police Jury District 12);

(5.3) 1647 PINEWOOD DRIVE, Moss Bluff area, Com 2210 Ft S and 285 Ft W of NE Cor 1.9.9, TH S 200 FT W 70 Ft, etc., Ward 1, Calcasieu Parish, Louisiana (one manufactured home) Owner: Norman Forest Simmons, Sr., 1647 Pinewood Drive, Lake Charles, LA 70611, TA# 00491446 (Police Jury District 1);

(5.4) WILDFLOWER DRIVE, South Sulphur area, Lot 16, Rosemont Subdivision, No. 3, Ward 4, Calcasieu Parish, Louisiana (one manufactured home) Owner: Mark Duhon, 2602 Allen Street, Sulphur, LA 70665, TA# 00845566 (Police Jury District 12);

(5.5) 3379 HIGHWAY 3059, North Lake Charles area, N 77 Ft of Com NW Cor SE NE 15.9.8 TH S 208.7 Ft E 223 Ft etc., Ward 3, Calcasieu Parish, Louisiana (one manufactured home with addition and one accessory structure) 89 Percent Owner: Gene R. Kuntz, 5640 S Highway 14, Lake Charles, LA 70607, TA# 01356163 and 11 Percent Owner: George Leno Koonce Estate, et ux, c/o Lana Chesson, 4200 Maplewood Drive #106, Sulphur, LA 70663, TA# 00099481 (Police Jury District 2);

(5.6) 101 TOUSAINT ROAD, South Lake Charles area, Lot 24, Dees and Foster Subdivision, Ward 3, Calcasieu Parish, Louisiana (one manufactured home) Owner: Ronald D and Carolyn Gifford, 1717 Illinois, Lake Charles, LA 70607, TA# 00860859 (Police Jury District 9);

AGENDA NOTE: no action necessary; structure has been removed.

(5.7) 214 PREDIUM ROAD, South Lake Charles area, Lot 14, Predium Subdivision, Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Irene Clark, 2802 Hinton Drive, Lake Charles, LA 70601, TA# 00059641 (Police Jury District 9);

(5.8) 2277 SAM HOUSTON PARKWAY, Moss Bluff area, Com 68.22 Ft S and 18 Ft E of the NW Cor of Lot 2 of Sec 12.9.9, Pt being on new R/W of LA Hwy No. 378, E 110 Ft, S 200 Ft, etc., Ward 1, Calcasieu Parish, Louisiana (one office and one metal shop) 52 Percent Owner: Associates Home Equity Services, 8550 United Plaza Blvd Suite 200, Baton Rouge, LA 70809, TA# 01129384 and 48 Percent Owner: Joseph J. Scuderi, 144 Seaman Road, Lake Charles, LA 70611, TA# 01356131(Police Jury District 1);

(5.9) 2502 SMITH ROAD, Southeast Lake Charles area, Com 30 Ft S and 788.33 Ft W from NE Cor 28.10.8, S 150 Ft, E 125 Ft, etc., Ward 3, Calcasieu Parish, Louisiana (one house) Owner: Albert Victor Tommasi, Jr., c/o Louis T. Tommasi, 5526 Hwy 14, Lake Charles, LA 70607, TA# 00104574 (Police Jury District 9);

(5.10) 139 E. DAVE DUGAS ROAD, South Sulphur area, Com 208.7 Ft E of SW Cor SW SE 22.10.10 E 208.7 Ft N 208.7 Ft etc., Less 30 Ft R/W on S Less 95 Ft, Ward 4, Calcasieu Parish, Louisiana (one storage building) Owner: Vicki Gayle Jones LaBure, 139 E Dave Dugas Road, Sulphur, LA 70665, TA# 00177962 (Police Jury District 12).

6. Appearance of Mr. John Dixon with the West Calcasieu Port, Harbor, and Terminal District with reference to ongoing development projects in said district. (Mr. Andrepont)

7. Take appropriate action on applications for liquor and beer permits. (Mr. Vickers) (No action required due to the fact that no applications have been submitted.)

8. Consideration of approval of payment of all current invoices.

9. Consideration of approving the minutes of the regular meeting of the Police Jury dated February 6, 2003.

10. Consideration of approval of the Agenda Committee Report dated February 27, 2003.

11. Consideration of approval of the Public Works Committee Report dated February 27, 2003. Said Committee:

(11-1) Received report on recommendations from the Prien Lake Park Development Task Force and recommended approval for the staff to develop a Request-for-Proposals document to solicit park development designs, and further, that a subcommittee of the Task Force aid the Police Jury in evaluating design proposals and recommend design(s) to the entire Task Force, then to the Police Jury.

(11-2) Received report from staff on the proposed Cove Lane exit improvements wherein it was advised that the existing Cove Lane would be closed to traffic on or about May 1^st, and bids are expected to be received in January, 2004, for the improvements to reconfigure this exit off of Interstate 210. The Committee recommended that a letter be forwarded to the Louisiana Department of Transportation and Development recommending that a west-bound turn at the intersection of Nelson Road and Kiwanis Drive be provided if at all possible.

(11-3) Heard presentations from Mr. Marshall Cannon, 2308 West Burton Street, Sulphur, from Mrs. Ava Cannon, 2308 West Burton Street, Sulphur, and from Mr. Robert Dudoit, 2417 West Burton Street, Sulphur, regarding their opposition to an agreement between the Parish and Union Pacific Railroad to commence the process of closing the railroad crossing on Stegal Road. The reasons cited for their opposition were: (a) the possibility of being cut off without an evacuation route to the west (Stegal Road) in the event of an accident at transfer facilities in the immediate area to the east which handle vinyl chloride and ethylene, railroad tracks to the north, and the Sulphur Mines Oil Reserve to the south, leaving Stegal Road to the west the only escape route; (b) the discontinuation of a bus route if Stegal Road was closed; (c) devaluation of property; and (d) the availability of other railroad crossings not affected by these various concerns which could be closed instead. (Mr. Andrepont)

(11-4) Recommended that approval be granted to advertise for the donation of adjudicated surplus property located on Mill Street adjacent to the Sacred Heart Catholic Church office in Lake Charles, in accordance with provisions of LSA¾R.S. 33:4720.25 et seq., and as per the request of Sacred Heart Catholic Church, as follows: (see attached)

Appraised

Case No. Location Value

AP03-062-02 Lot adjacent to 1102 Mill Street $6,521

(11-5) Recommended that approval be granted to advertise for the donation of adjudicated surplus property on the following properties, in accordance with provisions of LSA¾R.S. 33:4720.25 et seq., as per the request of Project Build a Future, Inc., a non-profit organization of Sacred Heart Catholic Church: (see attached)

Appraised

Case No. Location Value

AP03-063-02 1422 Iowa Street, Lake Charles $3,000

AP03-064-02 417 Louisiana Avenue, Lake Charles $4,375

AP03-065-02 318 N. Bank Street, Lake Charles $3,500

(11-6) Recommended that existing ordinances be amended and/or ordinances be adopted authorizing the appropriate law enforcement personnel to “tow away” vehicles violating the “no parking” ordinance on Bradley Lane in Ward Three, as requested by law enforcement.

(11-7) Recommended that the President of the Police Jury be authorized to execute an Act of Correction between the Police Jury and The Greco Trust with reference to a Right-of-Way Deed previously executed on Walker Road in Ward Four (Calcasieu Parish Project No. 2002-07).

(11-8) Recommended that a Joint Services Agreement be approved between the Police Jury and the Calcasieu Parish School Board for the installation of approximately 960 linear feet of storm drain culverts and catch basins along Park Road in Ward One fronting Moss Bluff Middle School subject to funding approval of the Budget Committee and the Police Jury during the 2003 Riverboat Program Grant Year.

AGENDA NOTE: a Cooperative Endeavor Request will be submitted by the Division of Engineering and Public Works requesting funding in the amount of $25,000 from the Ward One Special Projects by Ward allocation in the 2003 Riverboat Program Grant Year for the above referred to project.

(11-9) Recommended that Calcasieu Parish Project No. 2002-04 (Ward 2 – Ward Line Road; Ward 3 – Elliot Road, Greathouse Road, Weaver Road, and West Cal Cam Road) be accepted as substantially complete.

(11-10) Received a report from Mr. Tim Conner, Assistant Parish Engineer, relative to a bridge located on Houston River Road in Ward Four wherein Mr. Conner advised that this bridge was built in 1966 and had met all design standards at that time, and further, that in the next five to ten years when said bridge needed replacing, it would be brought up to standards in place at that time which would include, but not be limited to, installation of guard rails, widening of the existing road bed, etc.

12. Consideration of approving the recommendations of the Director of the Division of Planning and Development in reference to the Surplus Adjudicated Property Sale conducted on February 25, 2003, on the following cases, and adopt an ordinance with respect to each piece of property:

(12.1) AP03-017-02 (2202 Ora Road, Lake Charles)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,000.00 of Mr. Kirk J. McPherson be accepted.]

(12.2) AP03-055-02 (1026 13^th Street, Lake Charles)

[The Director of the Division of Planning and Development recommends readvertisement for bids since the offer has been withdrawn.]

(12.3) AP03-056-02 (812½ Celeste Street, Lake Charles)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $3,200.00 of Ms. Karen Anne Myers be accepted.]

(12.4) AP03-069-02 (Bryne Street, Lake Charles)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $651.00 of Mr. Joseph RL Duplechain be accepted.]

(12.5) AP03-072-02 (126 Kingsley Street, Lake Charles)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $500.00 of Mr. George Alfred Rachal be accepted.]

(12.6) AP03-073-02 (1817 Graham, Lake Charles)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $20,000.00 of Mr. Robert B. Pouchie, Sr. be accepted.]

(12.7) AP06-066-02 (Douglas Road, DeQuincy)

[The Director of the Division of Planning and Development recommends that the highest offer in the amount of $2,425.00 of Ms. Elizabeth Gray Carrier be accepted.]

13. Consideration of a request that the Planning and Zoning Board initiate the process to revert the zoning classification on property located at 879 Parish Road to its original classification I-1 (Light Industrial) or a commercial classification. (Mr. Manuel) (Police Jury District 1)

AGENDA NOTE: on August 15, 2002, the Police Jury approved the rezoning of this property from I-1 (Light Industrial) to R-M (Multi-Family Residential) to allow multi-family residential development (RZ01-029-02-Troy Fletcher), and the developers did not acquire the property.

14. Receive report from the Division of Planning and Development staff regarding the status of property owned by Joe Henry located at 9442 Big Lake Road. (Police Jury District 9) (see attached)

AGENDA NOTE: the house on this property was previously condemned on October 10, 2002 (Parish Ordinance No. 4416). On November 7, 2002, the Police Jury granted Mr. Henry sixty days to repair the house after obtaining a variance from the Planning and Zoning Board on December 17, 2002. The sixty-day extension expired on February 17, 2003.

15. Consideration of adopting a resolution requesting that the Calcasieu Legislative Delegation introduce legislation at the upcoming 2003 Regular Session of the State Legislature increasing the per diem of the Planning and Zoning Board from $100.00 per meeting for up to 24 meetings in a year (a cost exposure of $2,400 per member) to $180.00 per meeting for up to 13 meetings in a year (a cost exposure of $2,340 per member).

AGENDA NOTE: the current Planning and Zoning Board structure was created in 1997 Legislative Session, and it authorized $100.00 per meeting up to twenty-four meetings a year.

16. Consideration of adopting a resolution indicating objection/no objection to the following proposed project in Calcasieu Parish, Louisiana, provided said work meets with the rules and regulations of the Corps of Engineers and approvals are received from all appropriate state and federal agencies, and further, that any required permits are obtained from the Division of Planning and Development:

(16.1) Proposal of Sulphur Parks and Recreation to deposit and maintain earthen fill material to abandon 960 feet of Sumpter Ditch, fill and regrade approximately 340 feet of Sumpter Ditch and 950 feet of Sumpter Ditch Tributary, all as part of constructing a new recreation/aquatic center. A drainage system would be constructed to collect stormwater runoff which would be rerouted westward to the W-36 Main Drainage Lateral. Approximately 1.15 acres of jurisdictional waters would be impacted. Said project is located in Sulphur. The Planning Staff recommends that the Police Jury indicate no objection to this project application.

AGENDA NOTE: any resolution of no objection to any project, if adopted, will stipulate that such “no objection” is based solely on evaluation by the Parish Planning and Development Staff relative to the project’s compliance with current parish ordinances and provisions, and that no environmental assessment was made, and further, requesting the agencies and/or individuals with environmental expertise to make an evaluation and forward their findings to the U. S. Corps of Engineers.

17. Consideration of adopting a resolution approving the submittal of an application to the Louisiana Department of Environmental Quality for a Phase II Stormwater Discharge Permit, and further, authorizing the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

18. Consideration of adopting a resolution approving a Standard Form of Agreement between the Police Jury and C. Gayle Zembower, Architect, Inc. for architectural services related to the new addition at the Office of Community Services and Senior Center, and further, authorize the President of the Police Jury, or his designee, when appropriate, to execute all documents related thereto.

19. Consideration of adopting a resolution supporting the restoration of local control legislation contained within the State of Louisiana Indoor Clean Air Statute with regard to secondhand smoke in workplaces and public places, and further, requesting that the State of Louisiana adopt language explicitly restoring local government authority to enact more comprehensive protections from secondhand tobacco smoke for Louisiana residents, as per the request of the American Cancer Society. (Mr. Derbonne)

20. Receive report from staff regarding the need for clarification of rate schedule included in the Ambulance Service Request-for-Proposals document approved by the Police Jury at its regular meeting on February 20, 2003, and to authorize the forwarding of an addendum to the Request-for-Proposals document to reflect the corrected rate schedule.

21. Take appropriate action on the expiration of the term of Ms. Vina Richard as a member of the Board of Commissioners of Ward Three Fire Protection District No. Two. (Ms. Richard represents District 9. Mr. Kleckley is the liaison.) (The Agenda Committee recommended that action be deferred for thirty days with respect to this expiration.)

AGENDA NOTE: the Police Jury deferred action on January 2, 2003, to January 30, 2003, and on February 6, 2003, to February 27, 2003.

22. Take appropriate action on the expiration of the term of Mr. Harry B. Villery as a member of the Board of Commissioners of Ward Three Fire Protection District No. Two. (Mr. Villery represents District 9. Mr. Kleckley is the liaison.) (The Agenda Committee recommended that action be deferred for thirty days with respect to this expiration.)

AGENDA NOTE: the Police Jury deferred action on January 2, 2003, to January 30, 2003, and on February 6, 2003, to February 27, 2003.

23. Take appropriate action on the expiration of the term of Mr. George Guillory as a member of the Board of Commissioners of Ward Three Fire Protection District No. Two. (Mr. Guillory represents Districts 6 & 8. Mr. Kleckley is the liaison.) (The Agenda Committee recommended that action be deferred for thirty days with respect to this expiration.)

AGENDA NOTE: the Police Jury deferred action on January 2, 2003, to January 30, 2003, and on February 6, 2003, to February 27, 2003.

24. Take appropriate action on the expiration of the term of Mr. Charles Viccellio as a member of the Board of Commissioners of Calcasieu Parish Communications District. (Dr. Mackey is the liaison.) (The Agenda Committee recommended that Mr. Viccellio be reappointed.)

25. Take appropriate action on the expiration of the term of Mr. Jerome Summers as a member of the Board of Commissioners of Calcasieu Parish Communications District. (Dr. Mackey is the liaison.) (The Agenda Committee recommended that Mr. Summers be reappointed.)

26. Take appropriate action on the expiration of the term of Mr. Tony Dougherty as a member of the Board of Commissioners of Ward Four Fire Protection District No. Two. (Mr. Dougherty represents District 12, after consultation with the Jurors representing Districts 13 and 15. Mr. Clement is the liaison.) (The Agenda Committee recommended that Mr. Dougherty be reappointed.)

27. Take appropriate action of the expiration of the term of Mr. Milton Castille as a member of the Board of Commissioners of Ward Four Fire Protection District No. Two. (Mr. Castile represents District 12, after consultation with the Jurors representing Districts 13 and 15. Mr. Clement is the liaison.) (The Agenda Committee recommended that Mr. Castille be reappointed.)

28. Take appropriate action on the vacancy on the Board of Commissioners of Waterworks District No. Two of Ward Four due to the fact that Ms. Patti Moss Mercier has been unable to attend meetings due to health reasons. (Ms. Mercier represented District 15. Mr. McMillin is the liaison.) (The Agenda Committee recommended that action be taken at the Regular Meeting on March 6, 2003, relative to this vacancy.)

29. Take appropriate action on bids received on February 20, 2003, by the Police Jury for Calcasieu Parish Project No. 2003-01 (Hardsurfacing and Overlaying of Various Roads in Calcasieu Parish, Louisiana).

AGENDA NOTE: the Parish Engineer recommends that the low bid in the amount of $1,978,919.83 of R. E. Heidt Construction Company, Inc. be accepted.

30. Take appropriate action on bids received on February 25, 2003, by the Parish Purchasing Agent for cold mix, hot mix, ready mix concrete, liquid asphalt, crushed stone, light weight aggregate, and borrow material with unit prices effective from April 1, 2003, until September 30, 2003, grader blades with unit prices effective from April 1, 2003, until July 31, 2004, and weed control chemicals with unit prices effective from April 1, 2003, until November 30, 2003. (see attached)

31. Take appropriate action on bids received on February 25, 2003, by the Parish Purchasing Agent for two 2003 one-half ton regular cab and chassis pickup trucks, one 2003 three-quarter ton extended cab pickup truck, for use by the Animal Control Department, one 2003 Passenger Van and two 2003 one-half ton regular cab pickup trucks for use by the Mosquito Control Department. (see attached)

32. Take appropriate action on bids received on February 25, 2003, by the Parish Purchasing Agent for one 2003 eight-passenger minivan for use by the Office of Juvenile Justice Services. (see attached)

33. Consideration of issuing a proclamation proclaiming March 20, 2003, as Retired Teachers Day in Calcasieu Parish, as per the request of the Louisiana Association of Retired Teachers. (Mr. Moon)

34. Consideration of authorizing the Parish Purchasing Agent to purchase modular furniture, utilizing State Contract Purchasing Procedures, for use at the Calcasieu Parish Health Unit, funds for which are currently provided for in the Health Unit’s budget.

35. ADVISE that surplus adjudicated properties will be offered for sale by the Director of the Division of Planning and Development on March 25, 2003. (see attached)

EMERGENCY ITEMS

REGULAR MEETING – MARCH 6, 2003

The following items were received after the Agenda Committee meeting on February 27, 2003, and will require a two-thirds vote to suspend the rules for consideration by the Police Jury:

Item No. One:

Consideration of going into executive session to discuss Lawsuit No. CV02-2487-LC, U. S. District Court, Western District of Louisiana, (Beloney vs. Police Jury et al).